Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78552 of 2023 Arising Out of PS. Case No.-247 Year-2023 Thana- WAJIRGANJ District- Gaya ====================================================== Nitish Kumar S/O Bhola Paswan Village- Amaithi, Ps. Wazirganj, Dist. Gaya ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gajendra Kumar Singh, Advocate For the State :

Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Wazirganj P.S. Case No. 247 of 2023 instituted for the offence under Sections 456 and 379 of the Indian Penal Code. 3.

As per prosecution case, two miscreants boarded on motorcycle snatched the bag of the informant containing cash Rs. 3 lakh.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 12-07-2023. Petitioner bears clean antecedents.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. In fact, petitioner has no concern with the alleged

Patna High Court CR. MISC. No.78552 of 2023(2) dt.07-12-2023 2/2 occurrence. Petitioner is not named in the F.I.R. No T.I. Parade has been conducted. Other co-accused, namely, Rahul Kumar, has been allowed bail by this Court vide order dated 05-122023, passed in Cr. Misc. No. 77552 of 2023. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Wazirganj P.S. Case No. 247 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T